B5 RFQ Schedule SOW.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

7.

For Solicitation Information Call:

Email: Jason.l.wilking@usda.gov

04/02/2021

Delivery for FOB Destination Unless Block is Marked.

12. Discount Terms

USDA APHIS MRPBS-AAMD

250 Marquette Ave Suite 410 Minneapolis, MN 55401

Unrestricted

N/A

RFQ

Same as block #9

17a.

Contractor/Offeror

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule B

25. Accounting and Appropriation Data

26. Total Award Amount (For Govt. Use Only)

are not included

27b. Contract/Purchase Order incorporates by reference FAR 52.212-4, 52.212-5 is attached. Addenda are are not attached

28.

Contractor is required to sign this document and return copies to

29.

Award of Contract: Reference.

Offer

Issuing Office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Dated

. Your offer on Solicitation (Block 5), including any additions or changes which are set forth herein, is accepted as to items:

31c. Date Signed

32a. Quantity in Column 21 Has Been

Received

Inspected

Accepted, and Conforms to the Contract, Except as Noted: ________________________

32g. E-mail of Authorized Government Representative

Complete

Partial

Final

Partial

Final

STANDARD FORM 1449 (REV. 4/2002)

Quantity

Helicopter Service as per attached statement of work, Period of performance: Award -09/30/2021 (FY-21) Per diem and fuel truck mileage. Per diem if required by the Government, the rates will be according to Federal travel per diem rates for the area of the stay.

TBD

HR

Mile $_____mile

$5,000 estimated annual Mileage and Per diem.

Ordering Period Two: Helicopter Service as per attached statement of work, Period of performance: 10/01/2021 -09/30/2022 (FY-22) Per diem and duel truck mileage. Per diem if required by the Government, the rates will be according to Federal travel per diem rates for the area of the stay.

TBD

HR

Mile $______ mile

$21,000 estimated annual Mileage and Per diem

Ordering Period Three: Helicopter Service as per attached statement of work, Period of performance:

10/01/2022 -09/30/2023 (FY-23).

Per diem and fuel truck mileage. Per diem if required by the Government, the rates will be according to Federal travel per diem rates for the area of the stay.

TBD

HR

Mile

$_____mile

Ordering Period four: Helicopter Service as per attached statement of work, Period of performance:

10/01/2023 -09/30/2024 (FY-24).

Per diem and fuel truck mileage. Per diem if required by the Government, the rates will be according to Federal travel per diem rates for the area of the stay.

TBD

HR

Mile

$_____mile

Ordering Period Five: Helicopter Service as per attached statement of work, Period of performance:

10/01/2024 -09/30/2025 (FY-25).

Per diem and fuel truck mileage. Per diem if required by the Government, the rates will be according to Federal travel per diem rates for the area of the stay.

TBD

HR

HR

$_____mile

Ordering Period Six: Helicopter Service as per attached statement of work, Period of performance:

10/01/2025 -04/30/2026.

Per diem and fuel truck mileage. Per diem if required by the Government, the rates will be according to Federal travel per diem rates for the area of the stay.

TBD

HR

Mile

$______mile

$8,000 estimated annual Mileage and Per diem

TOTAL for CLIN’s 0001-0006 $_______________ Offeror Notes:

(a) The resulting contract will be an Indefinite Delivery Indefinite Quantity contract, therefore hours stated, are only estimates for the State of Nevada. There will be 5 hour minimum and no maximum guarantee to hours ordered by the Government per contract awarded.

(b) If overnight travel is required by the Government, the contractor will be reimbursed for the pilot’s per diem in accordance to the Federal Travel Regulations.

(b) In accordance with FAR 52.212-1 Please ensure your firm provides past performance references and information regarding: 1) Low level and/or aerial hunting experience, 2) Aircraft: Type, Engine time, operational history, and/or appearance 3) Location of designed base of operations. Provide enough information so that an evaluator can rate the above factors.

(c) In accordance with FAR 52.212-1 (b) (8) A completed copy of the representation and certifications at FAR 52.212-3 is required with submission of quote unless filled out in SAM.gov.

(d) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(C) STATEMENT OF WORK

The contractor shall furnish, operate and maintain one helicopter and one pilot in accordance with the specifications herein for use by the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS). This requirement is for support of predator control and feral swine damage management and telemetry monitoring activities in the State of Nevada. The likely work areas may include Elko, White Pine, Lincoln, Eureka and Lander Counties in Nevada. Flights will be ordered as services are needed and there will be times when no flights are needed but the aircraft must be able to provide services when needed upon 72 hrs. notice. WS has interagency and cooperative agreements with state and federal agencies, and private landowners, and may dispatch aircraft under this contract for such cooperative use.

Pilot must submit a true, correct, and complete copy of their business license to provide helicopter services including current and applicable Federal Aviation Administration (FAA) Operating Certificates to cover contract services provided.

All helicopters and operators covered by this agreement must submit a copy of their aircraft’s U.S. registration certificate, airworthiness certificate, and Pilot Certifications. The pilot's operations specifications will authorize the operations of helicopters, Visual Flight Rules (VFR), Day Passengers, and Cargo. The aircraft will be maintained in accordance with applicable Federal Aviation Regulations. Contractor compliance requirements include, but are not limited to:

1. Aircraft that support WS operations shall be Certificated Turbine powered helicopters.

2. Adequate equipment and instruments for VFR day and night operations in accordance with FARs.

3. One set of individual lap belts for each occupant.

4. Double strap shoulder harness with inertia reel for pilot, each front seat occupant and each crewmember. Shoulder straps and lap belts will fasten with one single point quick-release mechanism.

5. Flight recording meter reading hours in tenths activated by an oil pressure switch wired in series with a switch on the collective control or equivalent system to record flight time only.

6. An approved fire extinguisher, first aid kit and appropriate survival kit for the environmental conditions as specified per the Wildlife Services Aviation Safety and Operations Manual. First aid kit shall meet the ANSI Z308.1 class B, type 4 standards, appropriately sized for a pilot and gunner

7. Personnel access step for each door if extended height gear is installed.

8. Interphone system between pilot and crewmember capable of "hands free" operation at crewmember’s position.

9. An automatic fixed or automatic deployable Emergency Locator Transmitter (ELT) meeting the latest Technical Service Order (TSO) will be attached to the aircraft in such a manner that the transmitter is activated in a crash but will not sustain serious damage.

10. UHF or FM radio to communicate with ground crews and fuel truck.

11. A shooting door.

12. Dual controls must be removed prior to aerial hunting operations.

13. Control mechanism area must have adequate protection to prevent ejected shells from interfering with the controls.

14. Fuel will be approved aviation grade fuels only. No auxiliary aviation fuel containers may be carried by the helicopter.

15. Cabin heating system and outside air temperature gauge.

16. Provisions for installing dual controls when USDA WS Proficiency Flight Review is to be conducted.

The Contractor will provide the following:

1. A turbine powered helicopter with a pilot to fly predator control hunting missions on a statewide basis; a fuel truck and driver when requested.

2. Resumes of all current and future helicopter pilots to be used during the contract period with total helicopter flight hours and flight time in predator control hunting.

3. Provide a safety orientation for all passengers of predator hunting flights prior to the beginning of each flight.

Pilot Checkride and Aircraft Inspection

Contract is contingent upon a post-award pilot check ride and aircraft inspection meeting USDA Wildlife Services criteria as outlined per the Wildlife Services Rotary Wing Pilot Proficiency Flight Review. This will be conducted at the Vendor’s expense.

A post-award aircraft inspection will be completed by a Wildlife Services Airworthiness Inspector prior to the pilot check ride.

Mandatory use of Flight Following Equipment (FFE) that will be provided by USDA WS. This will be a portable unit. The Vendor must supply a power outlet for the FFE.

Fuel truck or trailer must be at the work site of the day, weather and road conditions permitting, when distance to airport is 30 minutes or more, ferry time one way, for fueling purposes. Fuel supply equipment (i.e. fuel truck or trailer) must be maintained per FAA regulation with aviation grade supplies.

Minimum Mandatory Requirements:

Vendor must agree to the following and upload any requested documentation or they will be disqualified.

1. Vendor must have at least a FAA Commercial Pilot Certificate with rotorcraft-helicopter rating. Vendor MUST upload commercial pilot certificate.

2. Vendor must upload a list of all equipment that will be used throughout the course of the contract and supplied by vendor including make/model of aircraft and any other pertinent items.

3. Vendor must certify that pilots holds at least a current second-class medical certificate issued under provisions of 14 CFR Part 67.

4. Vendor must certify that pilot(s) meets the following requirements:

a. Helicopter Contract pilots shall hold and have in their possession at least a valid and current Commercial Pilot Certificate with the proper ratings for the equipment to be used and a valid and current First-Class or Second-Class, FAA medical certificate.

b. Contract pilots conducting Wildlife Services (WS) flight operations shall meet the following Office of Personnel Management (OPM) GS-2181 minimum requirements:

1) 1,500 hours total flight time; and

2) 250 hours PIC flight time; and

3) 100 hours flight time in the preceding 12 months; and

4) 75 hours night flight time.

Additional WS requirements to perform aerial wildlife damage management operations include:

1) 1,200 hours PIC flight time in single or multi-engine helicopter; and

2) 100 hours flight time in appropriate class size aircraft (e.g., light, medium, or heavy as applicable); and

3) 100 hours flight time in a helicopter equipped with a turbine engine; and

4) 100 hours PIC flight time in the preceding 12 months; and

5) 250 hours flight experience as PIC for wildlife damage management operations; or 250 hours flight experience in aerial live capture, darting, or tagging/marking operations in which the helicopter was consistently flown and maneuvered close to the surface or 500 hours flight experience in WS type flying.

6) Pass A National Agency Check with Inquiries (NACI), background investigation as per the Homeland Security Presidential Directive/HSDP-12, issued August 27, 2004.

REQUIREMENTS FOR RENTAL HELICOPTERS

All helicopters and operators covered by this agreement will be certified under the provisions of FAR, Part 135, "Air Taxi operators and Commercial Operators". The Contractor’s operations specifications will authorize the operations of helicopters, VFR, Day, Passengers, and Cargo. Notwithstanding subparagraph (b) of FAR, Part 135.1, helicopter use on WS operations will be operated and maintained under the provisions of FAR, Part 135, except for FAR, Part 135.119, "Prohibition against Carriage of Weapons".

SUBSTITUTION OF AIRCRAFT

The Contractor may substitute aircraft during performance of the contract, provided such substitution meets all requirements herein and is approved in writing by the Contracting Officer or his/her authorized representative. Request for substitution shall be made at least 10 days prior to exchange except for unforeseen conditions. Transportation of substituted aircraft to the point of use will be at the Contractor’s expense.

CUSTODY AND CONTROL

The Contractor shall retain custody and assume full responsibility for the operation and wellbeing of the aircraft.

PERSONAL PROTECTIVE EQUIPMENT (PPE)

The Contractor will supply the following personal protective equipment for the pilot:

a. The pilot shall wear an aviator's protective helmet equipped with boom-microphone and headset compatible with the radio specifications of this purchase order during all flights. The helmet shall be equipped with a chin strap and shall be individually fitted to cover the head, back of the neck and ears

b. Pilots shall wear long-sleeved shirt and trousers (or long-sleeved flight suit) made of fire resistant polyamide or aramid material or equal. Pilots shall wear leather and leather or polyamide or aramid gloves. The shirt, trousers, boots and gloves shall overlap to prevent exposure to flash burns

c. Pilots shall have available personal protective clothing and equipment for personal use such as snow shoes, parka or heavy jacket, mitts and sunglasses.

FUEL TRUCK EQUIPMENT AND EXPENSES

a. A fuel truck and driver be available, as needed, to transport fuel to a field refueling site. The purpose of a fuel truck is to maximize the efficiency of the aerial operations by reducing the helicopter’s ferry time and associated expenses for the purpose of refueling.

b. Fuel truck will meet all Federal and State Department of Transportation and FAA requirements and restrictions for transporting aviation fuel and complying with FAA refueling standards.

c. Per diem for fuel truck driver will be based on the Federal Travel Regulation rates for the areal-.

PILOT AUTHORITY AND RESPONSIBILITY

1. The pilot is responsible for the safe operation of the aircraft and the safety of its occupants and cargo. The pilot shall be able to function as a mechanic on his aircraft, as long as both combined duties do not exceed the 8 hour per day limit. Safety requirements, such as preflight, reserve fuel, weight and balance limitations shall be strictly adhered to. The pilot shall refuse any flight or landing which the pilot considers hazardous or unsafe.

2. During operations the pilot shall not permit any passenger to ride in the aircraft or any cargo to be loaded therein unless authorized by the Contracting officer or the Contracting Officers Representative (COR).

3. Pilots must demonstrate the following:

(a) Positive flying safety attitudes and habits.

(b) Positive attitude regarding requirements and procedures for aerial hunting of predator animals.

(c) Emotional stability under the stress of low level aircraft operations required for aerial hunting.

(d) Positive personality characteristics required to work and communicate effectively with field personnel and cooperators.

(e) Knowledge of and/or willingness to learn predator habits and how to effectively and efficiently hunt them.

(f) Ability to safely identify and maintain effective airborne contact with the target animal.

(g) Willingness to work unusual hours and lodge at remote field locations.

If the pilot fails to demonstrate any of the above, he shall be replaced by the Contractor. The Contractor will be notified in writing, stating the conditions of unsatisfactory performances and stating a time limit by which a replacement pilot must be provided.

4. Pilots of single engine helicopters shall be limited to flight during daylight hours and under VFR conditions only. Daylight hours are defined as 30 minutes before official sunrise to 30 minutes after official sunset, or during extended twilight hours when terrain features can be readily distinguishable for a distance of at least one mile.

PRE-USE INSPECTION OF EQUIPMENT

The Contractor shall make its equipment available for inspection at the designated base of operations or other location acceptable to the Government at a mutually agreed upon time not later than 24 hours prior to the established reporting date. At the time of inspection the aircraft shall (1) be properly certified and registered by the FAA, and (2) comply with all specifications set forth herein.

If the aircraft meets all requirements, an Aircraft Data Card (APHIS Form 150) authorizing use of the equipment will be issued by the Contracting Officer or his/her designated representative. The Aircraft Data Card shall be with the aircraft at all times.

INSPECTION/REINSPECTION EXPENSES

The Contractor will not be charged for the pre-use inspection nor one re-inspection after each 90 calendar days of exclusive use within the contract period. The expense of any other re-inspection required due to either the Contractor’s failure to provide equipment or personnel meeting contract requirements or from substitution of personnel or equipment will be charged to the contract.

INSPECTION OF PERSONNEL

Upon request, the Contractor shall promptly submit completed pilot (and mechanic, if applicable) information forms for all personnel that may be utilized under this contract. Information from these forms will be used in evaluating the pilot's and mechanic's qualifications. Only those individuals whose past experience can be verified will be considered for use on this contract.

Pilot performance evaluation will be conducted when determined necessary by the National Aviation Safety Program Coordinator to further verify the pilot's ability to perform on this contract. The aircraft used for this evaluation shall be the same type and model as offered for this contract and will be provided by the Contractor for the evaluation flights at the Contractor's expense. Location of the evaluation flights should include access to terrain similar to that to be flown during the contract period when possible.

Location and time of evaluation flights shall be the same time as established for aircraft inspection. The determination as to the ability of the pilot, through an evaluation flight, to successfully meet the requirements of this purchase order will rest with Government.

MAINTENANCE REQUIREMENTS

The aircraft shall be fully maintained by the Contractor. If maintenance is required at locations other than the Contractor’s home base, the Contractor shall provide appropriate maintenance support, equipment and personnel necessary to repair the aircraft. Transportation of maintenance personnel and equipment shall be provided by the Contractor at no additional cost to the Government.

Aircraft shall be maintained in accordance with the manufacturer’s specifications, and the company’s operations specifications and maintenance manual. Aircraft components which have been operated beyond the published limitation specified by FAA or the manufacturer will be inspected, overhauled and/or replaced as required by the FAA or by the manufacturer’s publication. Engines and/or major components having so as to minimize unavailability during the period of performance of the purchase order.

All applicable manufacturer’s mandatory bulletins and FAA Airworthiness Directives shall be complied with prior to performance of this purchase order. Bulletins or Airworthiness Directives published during the purchase order shall be complied in accordance with the individual bulletin or directive.

All maintenance deficiencies existing prior to the purchase order shall be corrected before the starting date of the purchase order. Those deficiencies occurring during the period of performance shall be corrected during normal scheduled maintenance.

The Contractor shall assure that all maintenance performed on aircraft is recorded in the affected aircraft’s maintenance record in accordance with FAR 43 and FAR 91. In addition to aircraft time-in-service, the hour meter reading shall be recorded for all maintenance record entries.

A copy of the aircraft’s current maintenance record, containing as a minimum the information required by FAR 91.417, shall be kept at the designated base.

A separate list of FAA Airworthiness Directives and Manufacturer’s Mandatory Service Bulletins on the make and model of aircraft offered will be made available, recording whether applicable or not and if applicable the date and airframe total time at compliance, method of compliance, next compliance due date if recurring, and authorized signature and number. List will be similar to that shown in Advisory Circular 43-9A, Appendix 3.

The Contractor shall supply at the time of the initial agency inspection a list of all items installed on the aircraft which are required to be overhauled or replaced on a specified time basis. This list shall include the component names, serial numbers, service life (or inspection/overhaul time), total time since major inspection.

The Contractor shall immediately notify the Contracting Officer or his/her authorized representative of any proposed change of any engine, power train, flight control, or major airframe.

Routine maintenance shall be performed before or after the daily use or as approved by the Contracting Officer or his authorized representative.

The aircraft’s required weight and balance data shall be determined by actual weighing of the aircraft within 2 years preceding the starting date of the purchase order, or renewal date, and following any major repair or major alteration or change to the equipment list which affect the center of gravity of the aircraft.

The aircraft’s static system, transponder and encoding altimeters system shall be maintained in accordance with the requirements of FAR 91.215.

A test flight shall be performed at the Contractor’s expense following overhaul, or replacement of any engine, propeller, major component, or flight control equipment, and following any adjustment of the flight control system before the aircraft resumes service under this purchase order. The result of the test flight shall be logged in the aircraft records by the pilot.

The aircraft shall have a maximum time available between scheduled/required inspections available for use at the start of the purchase order period. The aircraft engine and any ‘time change’ components, shall have not less than 400 hours with a stipulation that should the engine have less than 400 hours, proof of replacement engine availability will be required.

HELICOPTER MAINTENANCE

All Aircraft must be maintained in accordance with Federal Aviation Regulation (FAR) part 135 and FAR Part 91 as applicable, to include 100 hour/annual inspections and compliance with the manufacturer’s recommendations for Time Between Overhaul (TBO) and Time In Service (TIS).

For engines, propellers, rotors, and appliances: the Contractor shall ensure that all maintenance performed on aircraft is recorded in the aircraft maintenance records in accordance with FAR Part 135, FAR Part 91, and FAR Part 43 as applicable.

All aircraft and operators covered by this agreement must be certified under the provisions of FAR Part 135, “Operating Requirements: Commuter and On-Demand Operations and Rules Governing Persons on Board Such Aircraft.” The Contractor’s operations specifications issued by the FAA must authorize the operation of the appropriate make and model aircraft for VFR, Day and Night, Passengers, and Cargo Operations.

SERVICING REQUIREMENTS

Helicopters shall not be refueled while the engine is running or rotor blades are turning unless the helicopter and refueling facility is equipped with an approved closed-circuit refueling system.

FUEL, OIL AND SUPPLIES

All fuel used by helicopters shall be approved for use by the engine manufacturer. Additionally, the fuel shall be a petroleum product designed for use in aircraft.

Fuels shall be manufactured, transported, stored and dispensed in strict accordance with procedures formulated for aviation quality fuel standards. Fuels, lubricating oils and hydraulic fluids used to maintain the helicopter shall be supplied by the Contractor. Fueling operations shall comply with the manufacturer's standards. Maintenance of fuel storage and fueling facilities is the Contractor’s responsibility.

FLIGHT TIME LIMITATIONS AND REST REQUIREMENTS:

1. Duty and flight time for all flight crewmembers will be limited to no more than 8 hours of flight time within a 12 hour period during each 24-hour period, and no more than 40 hours flight time during any 6-day period. Crews reaching the 40-hour maximum will be granted a minimum of 24 hours rest time before beginning another duty cycle. Total flight time will not exceed:

250 hours in any calendar quarter; and

400 hours in any two consecutive calendar quarters; and

700 hours in any calendar year.

No program manager may assign a flight crewmember (pilot or aerial crewmember), and no crewmember may accept a flight, if that crewmember’s rest time immediately before duty is less than 10 hours unless an emergency situation exists involving potential loss of life. In addition, pilots must have at least 13 rest periods of at least 24 consecutive hours each, in each calendar quarter.

2. Pilot time computation shall begin at liftoff and end at touchdown and will be computed from the flight hour meter installed in the helicopter.

3. The Government may further restrict daily flight hour limitations. Pilots may also be removed from duty for fatigue or other causes before reaching their flight hour or duty limitations.

4. All pilot flying time, including both directed flights under this purchase order and for the operator's other activities (charter, instruction, etc.) will be cumulative and subject to the pilot time and duty time limitations of this contract. Pilots exceeding these limitations may be temporarily or permanently suspended from further flights on this contract.

MECHANIC QUALIFICATIONS

1. The mechanic shall be employed by the Contractor on a regular basis, or the Contractor may either enter into a written agreement with a qualified mechanic or repair station meeting the requirements of this section. A copy of the agreement must be submitted to the Contracting Officer prior to any performance.

2. The mechanic must have been the holder of a valid FAA mechanic certificate with airframe and power plant ratings for at least the 3-year period immediately preceding the start date of the purchase order. The satisfactory completion of the manufacturer's maintenance school on make and model to be used on this purchase order may be substituted for 1 calendar year of required experience.

3. A Contractor who is also the owner or operator of an FAA Certified Repair Station, may use that repair station to maintain this equipment provided that the repair station is rated for the equipment being maintained.

AVAILABILITY OF MECHANIC

The mechanic is not required to remain at the base of operations. However, the Contractor must ensure that the mechanic can report to the designated base or alternate base within 6 hours from the time mechanical services are required.

AVAILABILITY OF SERVICE

The aircraft must be ready to perform flight at the designated base as required by the Contracting Officer or the COR. The schedule of operations will be planned by the Government with the cooperation of the pilot. The Contractor agrees to designate, in writing, the pilot to represent the Contractor on the job for the purpose of planning operations with the Government. The Government may or may not order flight on any day during daylight hours, depending upon the necessity of the work and suitability of flying conditions. Daylight hours are defined as between ½ hour before sunrise to ½ hour after sunset.

ACCIDENT REPORTING AND INVESTIGATION

The Contractor shall maintain an accurate record of all aircraft accidents, incidents and injuries to Contractor or Government personnel arising in the course of performance under this contract and shall immediately notify the Contracting Officer of all such accidents, incidents or injuries. The Contractor shall not permit removal or alteration of the aircraft following an accident until authorized by the Contracting Officer except in emergencies such as threat to life or property, blocking airport runways, etc. The Contractor shall make available his personnel, records, and any equipment, damaged or undamaged, deemed necessary by the Accident Investigation Board to determine accident cause factors.

LIABILITY FOR ACCIDENT INVESTIGATION

The Government will be responsible for any costs involved in disassembly of any aircraft, aircraft engine, propeller, rotor assembly or appliance necessary to determine probable accident or incident cause. The Contractor shall be responsible for any cost involved in reassemble and approval for return-to-service of any item disassembled by the Government.

LOSS OR DAMAGE TO GOVERNMENT-OWNED EQUIPMENT

During the period of performance of the contract, certain Government owned equipment may be assigned to the Contractor. If the equipment is lost, damaged or totally destroyed as a result of the Contractor’s negligence, or as a result of any accident, the fair market value of the equipment will be charged to the Contractor and withheld from payments due under this purchase order. The value of such equipment will not exceed $10,000.

RESCUE AND SALVAGE RESPONSIBILITIES

(a) The Contractor will be responsible for rescue operations of the Government and Contractor’s personnel employed under this contract.

(b) Salvage of damaged or demolished helicopters will be done at the Contractor’s expense. No equipment or personnel performing under this contract may be used on such operations unless authorized by the Government.

(c) When search for and rescue of Government and Contractor’s personnel or repair of helicopters which are out of commission (either at the base camp or in the field) is made necessary by the failure of the Contractor’s equipment or accidents caused by his employees, the cost of such search, rescue and repairs is solely the responsibility of the Contractor.

PERMITS AND LICENSES

The Contractor shall be responsible for obtaining, at their expense, all necessary permits and licenses to comply with all applicable Federal, State, and local laws and regulations.

LIABILITIES OF THE CONTRACTOR AND THE GOVERNMENT

The Government will not assume any responsibility for loss or damage to equipment owned or operated by the Contractor, his agents, employees or sub-contractors. The Government will not assume any responsibility for injury or death of the Contractor, his agents, employees or sub-contractors, caused during the performance of this purchase order. The Contractor will be responsible for the intentional negligent and wrongful acts or omissions of the Contractor, his agents, employees or sub-contractors and employees and agents of the sub-contractors incidental to the performance of this agreement.

The Contractor will hold and save the Government, its officers and employees harmless from all liability for any death or damage to all persons, (other than the liability of the Government to USDA employees as provided for under the Federal Employees Compensation Act) real property or personal property which results from the operation of, or incident to, equipment furnished by the Purchase order, or otherwise incidental to performance of the agreement. However, the Contractor will not be responsible for any intentional negligent or wrongful acts of omissions of the US Department of Agriculture employees.

COMPUTATION OF FLIGHT TIME

Helicopter flight time will be paid from the time a helicopter lifts off the ground for a direct flight until it lands. Flight time will be recorded in hours and tenths by means of a flight recording meter activated by the collective control, or some other means to record flight time only.

RECORDING SERVICES

All services received will be recorded on an invoice approved by the Government and submitted for payment in accordance with instructions issued by the ordering office.

PAYMENT TERMS

Payment shall be made only for flight time ordered by the Contracting Officer or her/his authorized representative. Payment will be made to the nearest tenth of an hour of actual flight time.

(D) CONTRACT CLAUSES

52.216-18 Ordering (OCT 1995).

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued anytime within the period of performance of the contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

AUTHORIZED SCHEDULING OFFICE: The following USDA office is authorized to schedule use of hours, from an already issued delivery order against this contract, in accordance with the provisions of clause FAR 52.216-18, ORDERING, and FAR 52.216-19, DELIVERY ORDER LIMITATIONS:

USDA, APHIS, WS

State Director, NV

52.216-19 Order Limitations (OCT 1995).

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one flight hour, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 200 hours;

(2) Any order for a combination of items in excess of 200 hours; or

(3) A series of orders from the same ordering office within each performance period that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of 5 flight hours, but not in excess of 300 hours annually.

(End of Clause)

452.216-74 CEILING PRICE (FEB 1988)

The ceiling price of this contract is $1,000,000. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

(End of Clause)

52.216-22 Indefinite Quantity (OCT 1995).

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after contract expires.

(End of clause)

52.204-9 – Personal Identity Verification of Contractor Personnel (JAN 2011)

(a)The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b)The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1)When no longer needed for contract performance.

(2)Upon completion of the Contractor employee’s employment.

(3)Upon contract completion or termination.

(c)The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d)The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Aircraft Pilot.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

452.237-70 LOSS, DAMAGE, DESTRUCTION OR REPAIR (FEB 1988)

(a) For equipment furnished under this contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, not to exceed a total of $0.00 except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees.

(b) For equipment furnished under this contract with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

(c) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) or (b) above. Repairs shall be made promptly and equipment returned to use within 2 weeks. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

(End of Clause)

Service Contract Act Wage Determination Applicable Service Contract Act Wage Determination(s) will be required under this contract. The contractor shall be responsible for obtaining the wage determination applicable to the location of their facility. The applicable Service Contract Act Wage Determination can be obtained from the Department of Labor website at http://www.wdol.gov

See wage determination No: 1995-0222 for Pilot wages.

The clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes Or Executive Orders Commercial Items (Jan 2021), applies to this acquisition. The following FAR clauses identified in FAR 52.212-5 are considered checked and are applicable to this acquisition.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check/listed as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(8) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

(16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C. 632(a)(2)).

(27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(30) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(31) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(33) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

(34) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496

(35) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at these addresses:

http://www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html 52.212-4 Contract Terms and Conditions - Commercial Items (OCT 2018) and 52.204-17 Ownership or control of offeror (Oct 2018) applies to this acquisition

PART IV– PROVISIONS

52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.